Struggles for the Public Interest: Organized Labor and State Mediation in Postwar America

2005 ◽  
Vol 4 (1) ◽  
pp. 69-82 ◽  
Author(s):  
R. Todd Laugen

In his 1906 Annual Message to Congress, President Theodore Roosevelt urged support for a bill to mandate the government investigation of labor disputes before allowing workers to strike. In an “age of great corporate and labor combinations,” the president insisted “the public has itself an interest which can not wisely be disregarded; an interest not merely of general convenience, for the question of a just and proper public policy must also be considered.” Congress at the time was unmoved. Yet Roosevelt's proposal signaled a growing movement to compel the investigation and arbitration of major labor conflicts. This movement peaked in the years soon after World War I. Advocates for government mediation insisted that an impartial commission of experts could peacefully negotiate workplace disputes and spare the consuming public the contests of will and force associated with major strikes. The Progressive Era arbitration of railroad and mining conflicts established important precedents and have received significant attention from scholars. National mediation boards, however, rarely assumed the power to order participation. Such efforts were more prominent at die state level. In 1915 Colorado legislators largely implemented Roosevelt's proposal, creating the first government board with powers to ban strikes and lockouts pending an investigation in industries affected with a public interest. Soon after the war, Kansas expanded upon the Colorado precedent with a compulsory arbitration board to regulate a host of indus-tries deemed essential to the public. Programs for state mediation of labor conflicts in the postwar period were particularly bound up with questions of compulsion in the public interest.

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries


Author(s):  
Karsten Vrangbæk

Scandinavian health systems have traditionally been portrayed as relatively similar examples of decentralised, public integrated health systems. However, recent decades have seen significant public policy developments in the region that should lead us to modify our understanding. Several dimensions are important for understanding such developments. First, several of the countries have undergone structural reforms creating larger governance units and strengthening the state level capacity to regulate professionals and steer developments at the regional and municipal levels. Secondly, the three Nordic countries studied experienced an increase in the purchase of voluntary health insurance and the use of private providers. This introduces several issues for the equality of users and the efficiency of the system. This paper will investigate such trends and address the question: Is the Nordic health system model changing, and what are the consequences for trust, professional regulation and the public interest?


2020 ◽  
Vol 1 (I) ◽  
pp. 93-126
Author(s):  
Presetyo Firgianto ◽  
Prof. Dr. S. Pantja Djati, M.Si., MA

Upstream oil and gas activities both searching up to oil and gas production are government programs where activities are regulated in legislation. Before drilling, to obtain oil and gas reserves, the need for land for drilling activities is a step that must be passed. Since the upstream oil and gas activities are government programs, the government guarantees the availability of land for such activities that can be classified into the public interest and set forth in Law No. 2 of 2012 on Land Procurement for Development for the Public Interest.               The formulation of the problem in this research is : How the stages of activities Land acquisition for the public interest PT.Pertamina EP - Paku Gajah Development Project?, What are the opportunities and impacts at each stage of the activity ? Land acquisition for public interest PT.Pertamina EP - Paku Gajah Development Project ?, and How is the mitigation effect of each stage of Land Acquisition activities for This research uses semi-quantitative descriptive method. The data collection tool used is questionnaire with liekert scale (1-5). The results of this study indicate that the stages of land acquisition for the public interest consists of planning, preparation, implementation, and delivery of results.


2020 ◽  
Vol 5 (2) ◽  
pp. 86-99
Author(s):  
◽  
Triana Dewi Seroja ◽  
Mukhtirili Mukhtirili ◽  

This thesis discusses the Implementation of Land Procurement for Development in the Public Interest in the Construction of the Kawal Reservoir Infrastructure, which was built by the Ministry of Public Works of the Director General of Water Resources. The background used is the issuance of regulations regarding land acquisition in the form of Law No. 2. In 2012, which is quite comprehensive regulates and facilitates the process of land acquisition for development in the public interest. This law has been revised 4 times in the form of a Perpres from the Presidential Regulation No. 71 of 2012 to the latest Presidential Regulation No. 88 of 2017 as a refinement and consistency of the government in the policy of accelerating infrastructure development. But the fact is that national land acquisition is still the second biggest inhibiting factor, 30%. Kawal Reservoir is an infrastructure development in the field of public works has become a polemic, starting from the systems and procedures for land acquisition, the policies issued by the parties, the substance of the problem, as well as the apparatus' view of the land acquisition itself. The implementation of land acquisition for development in the public interest is in accordance with Law No. 2 of 2012 on the construction of the guarding reservoir infrastructure, which at present is still continuing to stop its physical development at the preparation stage. Problems in the form of forest status functions, overlapping ownership, and the existence of the Governor of Riau Islands Province Decree regarding Location Determination are obstacles that are passed through the Spatial Planning and Land Affairs apparatus in carrying out their main duties and functions. The phenomena that exist in the background of the problem will be integrated with the literature, conceptual and frame of mind developed. Research using Empirical / Sociological Legal Research methods.


2016 ◽  
Vol 52 (04) ◽  
pp. 1640003
Author(s):  
TZU-CHIN LIN ◽  
YUN-TING CHENG

One of the fundamental services a modern government shall furnish is affordable housing. The ratio of the housing price to household income in Taipei has in recent years reached an astonishing figure of 15. Taipei has long suffered from a lack of readily available sites for residential development. In addition to monetary and fiscal policies, a supply-oriented and location-specific measure is therefore called for. In this vein, the supply of public land in the market has become a promising policy alternative. In spite of that, public land is an asset that belongs to all citizens. Therefore, sales of public land shall meet three conditions so as not to violate the requirement of the public interest. First of all, the price of land sold to private developers shall reflect the reasonable price that the parcel expects to fetch in the market. Secondly, the land sold to the developers shall be quickly developed in accordance with its highest and best use, and not instead remain idle. Finally, no excessive profits shall be obtained from the land by the developers when the land is later developed and houses are sold. Our empirical evidence on auctions of public land in Taipei between 2006 and 2014 provides some disappointing findings. On average, public land is worth 1.37 times more than its auctioned price. In addition, nearly 90% of undeveloped public land has been idle for more than three years after being auctioned. Besides, the effective rates of land value tax and land value increment tax are on average 0.155% and 1.01%, respectively. We therefore conclude that the auctioning of public land in Taipei has operated against the public interest. We suggest that the government in future consider both fiscal and physical measures to improve the uses of public land. However, taxation shall remain the cornerstone of the policy package.


2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.


2019 ◽  
Vol 17 (1) ◽  
pp. 18
Author(s):  
Ferizaldi '

The implementation of local government in the context of the Special Autonomy of Aceh has the freedom of the regional government to administer government in accordance with the principles of good governance. In Indonesia it is regulated by Law No. 28 of 1999 concerning the Organization of a clean and free country of corruption and nepotism, through various innovations and creativity to create good governance based on the public interest. This is to answer various problems surrounding the low performance of the bureaucracy because many are entangled in various corruption cases. One attempt to change the government bureaucracy is good, then introduced a new model through local wisdom in the Southwest Aceh District of Aceh Province, by carrying out the Prayer Test and Reading the Qur’an to prospective structural officials, as an effort to reform bureaucracy to create bureaucratic accountability, which It is expected that these activities will produce bureaucrats who are religiously accountable and customer oriented. However, this program must be carried out in a sustainable and comprehensive manner through complementary programs that support the program and do not underestimate the supervision efforts which as a classic action create a healthy bureaucracy.


2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Puji Winarni ◽  
Ma'mun Sarma ◽  
Darwis S Gani ◽  
Soenarmo Hatmodjosoewito

<p>The implementation of Quality Management System (ISO 9001) by BP2T in both Sidoarjo and Sragen Districts has been considered successful in transforming the existing paradigm of service which had been criticized as being irresponsive, untrustworthy, and not oriented toward public interest. The existence of service culture oriented toward public interest has been in doubt due to the prevailing perception that quality culture has not developed within the Government’s bureaucratic environment. This study has aimed at: 1) analyzing the Government employers’ attitudes toward the implementation of ISO 9001: 2) explaining the impacts of the attitudes on the service behaviors among those Government employers who are more responsive toward the public interest. The study shows that there has been a significant positive attitude among the employers toward the implementation of ISO 9001 which has, in turn, positively correlated with their responsive service to the public.</p><p>Key words: ISO 9001, employees’ attitudes and behaviors, BP2T, Government employers</p>


Author(s):  
Colin Hawes

Public prosecutors are a key element within the legal complex, and crucial to the effective implementation of legal reforms. China’s procurators (public prosecutors) have previously colluded with local governments, police, and courts to “strike hard” against crime while overlooking systemic beating and torture of detained suspects to obtain confessions, shoddy investigative practices, and frequent miscarriages of justice. However, fifteen sets of Guiding Cases issued by the Supreme People’s Procuratorate since 2010 promote an unprecedented change in Chinese procurator culture away from “striking hard” to substantive protection of criminal suspects’ rights and exclusion of tainted evidence. They reinforce criminal procedure reforms since 2010 by demonstrating how procurators should protect innocent people against wrongful convictions and police brutality. They also stress the broader duty of China’s procurators to uphold the public interest against corrupt businesses and officials, especially in food safety, land-taking, and environmental protection cases. With other key actors in China’s “legal complex”—rights lawyers and civil society groups—still suppressed by the government, this effort to transform procurator culture is an essential, though still incomplete, step on China’s tortuous path toward a fair and just legal system.


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